13CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
South Miami
AI4AmerfcaCify
11.1
2061
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Buford R. "Randy" Witt, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department I
Date: Tune 8, 2010 Item No.. `
Subject:
An Ordinance. of the Mayor and City Commission of the City of South Miami, Florida, relating to a
request to amend the.official zoning map of the City of South Miami Land Development Code by
changing the zoning use district from "NR99 Neighborhood Retail Zoning Use District to "SR"
Specialty Retail Zoning Use District for property located at 6800, 6820, and 6842 SW 62 Avenue;
the purpose of the zone change is to allow construction of a four story mixed use office building;
providing for severability; providing for ordinances in conflict; and providing an effective dates
BACKGROUND
The applicant, Southeastern Investment Company Corporation has submitted application PB -09 -031
requesting a change from the NR to' SR zoning use district in order to construct a four story mixed use
office building on a vacant site consisting of six lots located at 6800 - 6842 SW 62nd Avenue. The
application was submitted to the Planning and Zoning Department on December 14, 2009 along with a
proposed site plan for the new building.
SITE PLAN ANALYSIS
(1) The applicant is proposing a four story mixed use(office /retail) structure to be built on a site consisting
of 33,468 square feet or 0.76 of an acre. The vacant site consists of six platted lots. The current zoning on
the site "NR" Neighborhood Retail, allows for a very limited number of neighborhood oriented service
and retail uses. There is a maximum height limit of two stories and the floor - area -ratio (FAR) is limited to
0.25 density.
(2) In order to construct a building which maximizes development potential of this site the applicant is
requesting a re- zoning to the "SR' Specialty Retail zoning district. The SR district currently covers the
City's downtown area which also has the Hometown District Overlay Zone. The SR zoning district does
allow for the highest development potential in the City. It permits a 1.6 floor- area -ratio (FAR), 24
residential units per acre, and a four (4) story maximum building height. The front and rear setbacks are a
minimal 10 feet. The selected SR zoning district allows the same maximum development potential set
forth for properties located in the Comprehensive Plan's "Mixed Use Commercial /Residential (Four
Story)" future land use map category.
(3) The applicant's mixed use building will contain 6,389 square feet of retail space at the ground floor
facing SW 62 Avenue. A total of 28,361 square feet of office space will be located on the third and fourth
floors. Based upon a building total of 34,750 square feet, the floor -area- ratio (FAR) will be 1.04 which is
below
PA
the maximum permitted. The building will have 135 required parking spaces located at ground level, on
the street, on three floors and in the basement level.
SW 62 AVENUE CORRIDOR
The west side of SW 62 Avenue which is considered "the Corridor" consists of 21 lots and has a total
land area of 4.57 acres (199,000 square feet). A total of 2.71 acres (118,000 square feet) remain vacant.
There are six existing buildings with a total built floor area of 42,394 square feet. The existing floor area
ratios for the existing buildings range from 0.211 to 0.821 with an overall average of 0.524. The existing
uses include a professional office building, a community newspaper publishing building, a personal skills
instruction studio, a food store and a real estate agency.
The SW 62 Avenue corridor has been the subject of land use map category changes and special studies
going back over 20 years. A full history of these actions is contained in the attached Planning and Zoning
Department staff report dated May 25, 2010, pp.3 -5.
FUTURE LAND USE CATEGORY
The City Commission at its April 6, 2010 meeting adopted Ordinance No. 09 -10 -2034 approving the final
EAR Based Text Amendment Document, which contains the additional future land use map category
entitled " Residential/ Limited Commercial District (Two story) ". This ordinance contains the wording of
the Future Land Use Map Category on pp. 2 -3. This document is expected to be found sufficient by the
Florida Department of Community Affairs in the first week of June. A copy of that ordinance is attached.
STAFF OBSERVATIONS
(1) The applicant's site plan submitted as part of the re- zoning application continues to be deficient and in
violation of several standards applicable in the SR zoning district as well other sections of the LDC. The
project will require the submittal of a revised site plan with technical corrections or the granting of several
variances if the new zoning is granted.
(2) The proposed building height of four stories is out of scale and incompatible with the one and two
story building height of abutting properties to the west, north, and east. The proposed height is also in
conflict with Section 20 -3.5 (D) of the LDC, which is the two story height limitation regulation. The
applicant's proposed preliminary site plan should have been amended to show a two story building after
the adoption of the new regulations (Ordinance No. 04 -10- 2029).
(3) The proposed building will not be compatible with the City's official declared development policy for
the SW 62 Avenue Corridor. This policy is expressed in the Future Land Use Map category entitled
"Residential/ Limited Commercial District (Two Stories) ", recently adopted into the Comprehensive Plan
as part of the EAR Based Text Amendments. The City of South Miami will be initiating a future land use
map change to remove the current land use category of Mixed Use Commercial /Residential (Four Story)
over the SW 62 Avenue Corridor. The City intends to install the "Residential/ Limited Commercial
District (Two Stories)" future land use map category and a new zoning use district which will contain the
development standards and limitations set forth in the land use map category. The overall reduced density
and lower height limit of this category and the associated new zoning district will make a building like the
one proposed by the applicant immediately non - conforming.
PLANNING BOARD RECOMMENDATION
The Planning Board at its May 25; 2010 meeting, after a public hearing, adopted a motion by a vote of 5
ayes and 0 nays recommending that the proposed rezoning application be denied.
RECOMMENDATIONS
A formal public hearing and second reading (with notification) will be scheduled for the Commission
meeting on Tuesday, August 3, 2010. At that time the Administration will recommend denial of the NR to
SR rezoning application based upon the following summary findings:
(1) The applicant's site plan submitted as part of the rezoning application is deficient and in violation of
several standards applicable in the SR zoning district as well other sections of the LDC;
(2) The proposed building height of four stories is out of scale and incompatible with the one and two
story building height of abutting properties to the west, north, and east;
(3) The proposed height is also in conflict with Section 20 -3.5 (D) of the LDC, which limits the height of
buildings which abut single family zoning districts to a two story height limit unless additional height is
granted via a special use procedure regulation;
(4) The proposed building will not be compatible with the City's official declared development policy for
the SW 62 Avenue Corridor in which the subject property is located. This policy is expressed in the
Future Land Use Map Category entitled "Residential/ Limited Commercial District (Two Stories) ", which
is contained in the City's Comprehensive Plan. The City has set forth a work program which will remove
the current future land use category of Mixed Use Commercial /Residential (Four Story) over the SW 62
Avenue Corridor and adopt the "Residential / Limited Commercial District (Two Stories)" Future Land
Use Map Category. The overall reduced density and lower height limit of this category and the associated
new zoning district will make the building proposed by the applicant immediately non - conforming.
Backup Documentation:
Draft Ordinance (Approving Application as requested by applicant)
Application
Location map
Letter of Intent
Justification Letter
Ordinance No. 09 -10 -2034
Planning Department Staff Report 5 -25 -10
Ordinance 24 -09 -2016
Ordinance No. 04 -10 -2029
Excerpt Planning Board Minutes 5 -25 -10 (to be distributed)
Survey (6 -1 -01)
Site Plan
TN /SAY
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "NR" Neighborhood Retail
Zoning Use District to 6,SWl Specialty Retail Zoning Use District for property located at
6800, 6820, and 6842 SW 62 Avenue; the purpose of the zone change is to allow
construction of a four story mixed use office building; providing for severability; providing
for ordinances in conflict; and providing an effective date.
WHEREAS, Application No. PB -09 -031 was submitted to the Planning and Zoning
Department by Southeastern Investment Company Corporation , said application requesting to
amend the official zoning map of the City of South Miami by changing the zoning use district for
property located at 6800,6820 and 6842 SW 62nd Avenue from "NR" Neighborhood Retail
Zoning Use District to "SR' Specialty Retail Zoning Use District; and
WHEREAS, the purpose of the change of zoning is to permit construction of a four story
mixed use office building; and
WHEREAS, after review and consideration, the Planning and Zoning Department
recommended denial of the requested zoning use district; and
WHEREAS, on May 25, 2010, after Public Hearing regarding the proposed rezoning
application, the Planning Board recommended denial by a vote of 5 ayes 0 nay; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid change of zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That the proposed change of the City's Official Zoning Map requested by Application
No. PB -09 -031 to rezone property located at 6800, 6820 and 6842 SW 62nd Avenue from "NR"
Neighborhood Retail Zoning Use District to "SR' Specialty Retail Zoning Use District is
hereby approved.
Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
I" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2010.
XAComm Items\2010 \6- 8- 10\PB -09 -031 Rezoning NR to SR 6800 SW 62- Ord.doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
E
iCuy of South Mama
Planning &.'Coning Department
C ity Hall, 6130 Sunset Drive, South lv aru , Florida 33143
Telephone: (305) 663 -6326; Fax: (3 0 7 66&-7156
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 6600, 6620, &6840 SW 62nd Avenue Lots) 1
1-6 Block 3 Subdivision Coco plum Terrace
Parcel No. 09402502- 201 -70, No. 09 -002- 502- 201 -60, and PB 25 - 4. Addition
Meets & Bounds: No. 09402- 502-201 -90
Applicant Phone. (
(305)661 -5757
Representative: Organization:
Alex T. ZakWa, M.D.
Address. 245 Harbor Drive, Key Biscayne, FL 33149 Phone: (
(305) 661 -5757
Property Owner: Southeastern Investment Group Corporation Signature:
Mailing Address: 245 Harbor Drive, Key Biscayne, FL 33149 Phone: (
(305) 661 -5757
Architeot(Engineer: Tony Sastrer Fernando Gomez -Pins Phone. (
I
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner x Owner s Representative Contract iv purchase O
Option to purchase _TenantlLessee
W
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: S
SUBMITTED MATERIALS W
PLEASE CHECK THE APPROPWATE ITEM: P
PLEASE CHECK ALL THAT APPLY:
Amendment to LDC _Variance X
X Letter of intent
—Text A
X Justifications for change
PLO Approval _Special Exception —
—Statement of hardship 1
_
X Proof of ownership or letter from owner
X Power of attorney
Briefly explain application and cite specific Code sections: _
_, Contract to purchase
X Current survey (1 original sealed aria
Change 6800, 6620, & 6840 SIN 62nd Ave. from NR to SR (Specialty Retail) s
signed/1 reduced copy @ 1'1" x 1 T')
X 15 copies of Site Plan and Floor Plans
X 1 reduced copy @ 11" x '17"
X Affidavit - Receipts attesting to mail
noiicas sent
Section:, Subsection:_ Page #:_ Amended Date:
The undersigned has read this completed application and represents that the information and alt submitted materials arc rruz and
correct to a best of the applicant's knowledge and belief.
For Southeastern Investment Group Corporation
Alex T. Zakharia, M.D. October 12th 2009
Applicant's Si cure and title
Print Name Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code aad od!Qr
applicable regulations. Applications found not in compliance will be rejected and resumed to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission_
lPetition Required Petition Accepted
Method of Pavment
City of South Miami
PB-09-031 Rezoning NR to SR
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SUBJECT
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Southeastern Investment Group Corp.
245 Harbor Drive
Key Biscayne, Florida 33149
Email ale _: A akharia(t�bellsouth.ne't
Tel: (305) 661 -5757
Fax: (305) 445 -6921
December 4, 2009
The Hon. Horace G. Feliu, Mayor and Members of the City Commission of South Miami
6130 Sunset Drive
South Miami, FL 33143
RE: Letter of Intent; Application for Change of Zoning Designation
6800 SW 62nd Avenue, 6820 SW 62nd Avenue and 6840 SW 62nd Avenue
Southeastern Investment Group Corporation owns the property located at 6800, 6820,
and 6840 SW 62nd Avenue. As owners since 2001, we have invested with the
expectation our site can be developed in accordance with the existing Comprehensive
Plan designation for a mixed use development.
State laws provides for local jurisdictions to enact zoning that will implement the Future
Land Use Map (FLUM). The FLUM has designated these parcels for Mixed Use
Commercial since the 1997 Evaluation Appraisal Report. We request the zoning district
"Specialty Retail" be adopted and placed on the zoning map to implement the adopted
land use designation.
Our intent is to build a four story mixed use structure with required parking. Our
proposed site plan illustrates full compliance with zoning regulations. Our structure will
contain mixed use, retail and office uses, as required by the FLUM designation . Our site
plan has been developed to fully implement the design criteria added to the
Comprehensive Plan by the 1997 EAR to encourage a pedestrian orientation. We will
provide a heavy landscape barrier to shield adjoining residential lots to the west even
though we own all but one of these parcels. No access will be made from the site except
via existing intercepting streets.
eerely, 4
Dr. Alex T. Zakharia
For Southeastern Investment Group Corp.
Dr. Alex T. Zakharia, M.D., F.A.C.S., F.A.C.C.
245 Harbor Drive
Key Biscayne, Florida 33149
Email: alex_zakharia@bellsouth.net
Tel: (305) 661 -5757
Fax: (305) 445.6921
Mr. Thomas Vageline
Planning Director
6130 Sunset Drive
South Miami, FL 33143
Dear Mr. Vageline,
Date: December 11, 2009
Pursuant to your letter of recommendations dated October 15, 2009, we are respectfully resubmitting a
new set of site plans, which are signed and sealed by a registered Architect.
On December 7, 2009, myself, Mr. Fernando Gomez -Pins and our Office Manager arrived on time for
the scheduled 2:00 pm appointment, which was scheduled by you based on our request Thursday
October 3, 2009 and in compliance with _20_5.5 (A).
You advised that you could not meet with us and then recommended that we leave the application and
new plans in your office.
In lieu of the time limitation, we will follow your recommendation and submit completed application to
your office.
Please note that during that October meeting, the application was approved with the exception of the
site plans, which are now completely revised to conform with your recommendation.
The mailing notices are all set to be mailed, and we will produce 15 copies of site and floor plans upon
your advice. During our meeting in October, you suggested not to print those until you reviewed the
plans.
As you are aware, we have been attempting to meet with you for the last two weeks or more. At first,
you agreed to meet with me, but then cancelled the meeting. You indicated you needed approval from
the City attorney to meet with me. The City attorney agreed you could hold that meeting. When I
called to reschedule, you indicated you can not meet with me until Thursday or Friday.
I have two parties expressing interest in my property for a conforming use. Time is of the essence and I
am submitting my application.
Very sincerely Yours,
4 ?Lil j
Southeastern Investment Group Corp.
245 Harbor Drive
Key Biscayne, FL 33149
Email: alex zakharianbellsouth.net
Tel: (305) 661 -5757
Fax: (305) 445 -6921
Justifications for Change
December 4, 2009
Summary:
The S.W. 62 "d Avenue area has been the subject of a number of planning studies. There
has been a basic conclusion that the property located on the west side of S.W. 62 "a
Avenue between S.W. 6e Street and S.W. 690' Street should be developed as mixed use
regardless of when the study was conducted. Consultants, public institutes and staff have
supported the need for a mixture of retail, office and residential. All the professional
analysis conducted have also supported revisions to the travel way and use of new urban
designs that promote a pedestrian friendly environment. The recommendations have also
supported four story structures with the exception of the University of Miami effort;
which recommended three story development for this block face. Staff in 2007 supported
creating a new zone district MU -L (Mixed Use Limited) that would not exceed four
stories along the corridor but would let the design dictate the building mass on any
particular property. However, the City Commission chose not to implement the staff
recommendation. The owners can only accomplish the currently adopted Future Land
Use Designation of Mixed Use Commercial/Residential by applying the Specialty Retail
(SR) zone district to the property. SR zoning will continue implementing the adopted
Land Use Plan's implementation that is ongoing due to market demand and investment in
infrastructure by the City.
Charrette "TOO"
Charrette "TOO" was officially called the Hometown Plan, Area 2 and was prepared in
1994. The consultants, Dover Kohl & Partners, had prepared the "Hometown Plan for
the area commonly referred to as downtown. The plan was intended to prepare an
integrated plan that addressed design, land use and transportation for the area west of the
Metro Rail station and North of City Hall. The intent was to implement similar
development as was found east of U. S.4 in and around Sunset. Recently the City has
seen implementation of Charrette TOO plans for Sunset directly in front of City Hall to
S.W. 62nd Avenue. In addition, land use within the Charrette area has responded to the
change in market demand with a major concentration of multi -story office uses that also
contain retail uses.
Staff Study 2003
Planning Department staff reviewed the S.W. 62 "d Avenue corridor as part of the EAR
process at the request of the City Commission. Staff continued to support a mixed use
development, with multi -story development; accompanied by re- design of the street to
encourage traffic calming and support pedestrian access. Staff did determine property
depth might be a basis for differentiating the intensity of development. The request
before the City Commission is on the property with the greatest lot depth (width), which
allows increased buffering opportunities. Staff also noted large portions of the adjoining
residential property are owned by this applicant. Following staff's study, the
Commission engaged the University of Miami to conduct a study and Charrette. To date,
the current owner has owned the frontage along S.W. 62 "d Avenue and adjacent to the
west and south of the site contained within this petition. Negotiations continue to
acquire the one remaining piece of property adjoining currently owned by an absentee
estate.
University of Miami
The Commission retained the Urban Center at the University to conduct a study of the
S.W. 62 "d Avenue corridor. Direction was given to start from the work done by Planning
Department staff and consider proposals that focused on potential impact on adjoining
residential. The University's initial analysis determined that there was little potential for
visual impact where the deeper lots occurred. The study efforts included actual line of
sight analysis. This included the property contained in this petition. The
recommendation for the properties in this petition was for three stories. Where lots were
shallower, the recommendation was to limit structure height to two stories with a
possibility of three stories along the frontage. Reaction from the neighbors resulted in the
suggestion from the Commission to limit development to two stories for shallower
property. It is important to note this study continued the basic professional
recommendation of mixed use, pedestrian oriented street and developments, and multi-
story buildings.
WS
The Evaluation Appraisal Report consultants identified the S.W. 62 "d corridor as an area
for study due to the fact the Land Use designation had been in place for ten years but the
City had failed to implement the policy through zoning. EAR analysis continued the
unbroken string of recommending multi story development with mixed uses. Under
direct orders to propose an alternative land use, the consultants attempted to craft a
compromise but the Commission deleted the consideration of any amendment and stated
if one were to be considered, it should be separate. A recent effort to amend the EAR
reflected inadequate analysis to support the amendment and a thinly disguised down
zoning. At no time has a single owner along this corridor signed a petition or
applications agreeing to down zone their property. Now that the City has implemented a
portion of the infrastructure improvements in the original plan and multi use buildings-
have developed within the Charrette TOO plan area, the time has come to zone the
property for the existing land use.
Infrastructure
As noted, traffic calming and improved multi modal transportation options have been
constructed along Sunset Drive. Traffic has actually declined. There is sufficient
capacity to carry any trips generated. The design has been carefully executed to favor
pedestrian access and limit point of access to existing streets; all on the owner's property.
No access directly to S.W. 62nd Avenue is proposed.
There is sufficient water and sewer to serve the site. Storm water will be detained with a
French drain on site.
Changed Circumstances
South Miami has become a medical center with the expansion of the South Miami
Hospital. Several medical office buildings, with retail elements have been constructed
near and on S.W. 62nd Avenue. One multi story building is under construction. There is
a multi -story office building which lays less than 100 feet south of S.W.69`h Street. As
previously noted, the transportation improvements anticipated in Charrette TOO have
been implemented from S.W. 62nd Avenue to U.S. -1 in front of City Hall.
Conformance with Land Use Designation
As a general statement, local governments are required by statute to implement their
adopted land use plan through zoning. The burden an applicant carries is to demonstrate
(1) that services are available and (2) that there is demand for the uses proposed to be
implemented. As with recent development downtown, the evidence is clear there is
increased demand for retail and office for this site. Existing plan policy is to ask
developers to develop mixed use developments to create a vibrant development that
offers increased pedestrian access. The change requested implements these policies and
therefore, there is no justification for farther delay in implementing zoning that
accomplishes these policies.
Sinc ply,
jly, _
Dr. Alex T. Zakharia
For Southeastern Investment Group Corp.
rt .._
I
OrdinanceNo> 09 -10 -2034
An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida,
adopting the Evaluation and Appraisal Report (EAR) Based Text Amendments to the South
Miami Comprehensive Plan; the amendments are to the goals, objectives, and policies for the
following Comprehensive Plan Elements: Future Land Use; Transportation; Housing;
Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination;
and Capital Improvements; providing for severability, ordinances in conflict, and providing an
effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous and
ongoing process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
periodically assess the success or failure of the adopted plan to adequately address changing
conditions and state policies and rules; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt
needed amendments to ensure that the plan provides appropriate policy guidance for growth
and development; and
WHEREAS, the City completed its proposed Evaluation and Appraisal Report-
Based Textural Amendments consistent with the requirements of Chapter 163, Part II, F.S.,
and Rule 9J -5 and 9J -11, F.A.C.; and
WHEREAS, the City Commission at a special meeting on August 23, 2007
reviewed and revised the final Evaluation and Appraisal Report Based Text amendments to
the Comprehensive Plan, and adopted on first reading an ordinance approving the Report and
authorized its transmittal to the Florida Department of Community Affairs for review and
comment; and
WHEREAS, the Florida Department of Community Affairs in a communication
dated January 18, 2008 transmitted an Objections, Recommendations, and Comments (ORC)
Report which report found that the EAR Comprehensive Plan amendments to be consistent
with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes; and
WHEREAS, the Objections, Recommendations, and Comments (ORC) Report set
forth one objection which required a minor adjustment to Policy No.1.1.6 of Chapter 8,
Capital Improvement Element; and
WHEREAS, the ]Local Planning Agency (Planning Board) at its March 11, 2008
meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending
that the Evaluation and Appraisal Report Based Text Amendment report be approved; and
WHEREAS, the City Commission at its July 28, 2009 meeting adopted Ordinance
No. 13 -09 -2005, modifying on pp.16 and 17 of the Comprehensive Plan Evaluation and
Appraisal Report Based Text Amendments Document dated August 23, 2007 by removing
Ord. No. 09 -10 -2034
the wording of the proposed Future Land Use Map category entitled "Neighborhood
Center/Mixed Use District (Four Story) "; and
WHEREAS, the City Commission at its October 20, 2009 meeting adopted
Ordinance No. 24 -09 -2016 modifying pp. 16 and 17 the Comprehensive Plan Evaluation and
Appraisal Report Based Text Amendments Document dated August 23, 2007 by
incorporating a new Future Land Use Map category entitled "Residential /Limited
Commercial District (Two Story) ".
NOW THE' REFORE9 BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves the City of South Miami
Comprehensive Plan Evaluation and Appraisal Report (EAR) Based Text Amendments
Document dated August 23, 2007 with the following modifications:
In accordance with the Department of Community Affairs ORC Report dated January 18,
2008, Policy No. 1.1.6 of Chapter 8, Capital Improvement Element on p. 52 is revised to read
as follows:
inn[
"The City of South Miami �.�... =��-� 1n ++
2008/09 — 2012/13 Capital
Improvements Plan and the Ca ital Improvements. Schedule included
therein contains a schedule of projects that the City shall_ implement in
order to maintain its adopted Level of Service standards or otherwise
achieve the' oals objectives and policies and /or ensure the financial
feasibifily of the Com rehensive Plan. The A u., 2008/09 — of the
.�. •. _.. _ b;.a 1.., ..o4nnnx�rn aC n'Ari' nl the
Capital Improvements Element. ";
(B) Removal of the wording of the proposed Future Land Use Map Category entitled
"Neighborhood Center /Mixed Use District (Four Story)" on pp.16 and 17 of the
Comprehensive Plan Evaluation and Appraisal Report Based Text Amendments Document
dated August 23, 2007;
LC) Add a new Future Land Use Map Category entitled ,Residential/Limited Commercial
District (Two Story) on p. 17A of the Comprehensive Plan Evaluation and Appraisal Report
Based Text Amendments Document dated August 23, 2007; to read as follows:
"Residential / Limited Commercial District (Two Story)
The Residential/Limited Commercial District (Two Story) future land use
AI ;LL ll Yaauvw vv famil y homes. The maximum height of all new construction shall b e two
stories. Residential development shall be limited to townhouse
development at a maximum of six(6) rve (S) units per acres Commercial
Ord. No. 09 -10 -2034
development shall be limited to a maximum floor - area -ratio of 0.80 and
shall include only those retail and personal service (office) needs for the
local neighborhood residential areas The specific type of retail and office
uses shall be set forth in the appropriate zornngg use district in the Land
Development Code The Land Development Code shall provide for a
mandatory no construction buffer / landscape area and a required wall
or fence at the rear of all properties facing or abutting single family_
residential
Mixed use development is encouraged Existing buildings and uses which
Section 2. The amendments set forth in the Evaluation and Appraisal Report (EAR)
Based Text Amendments approved by the City on August 23, 2007 and as modified by
Ordinance No.13 -09 -2005 adopted on July 28, 2009 and Ordinance N0.24 -09 -2016
adopted on October 20, 2009 are hereby incorporated into the City of South Miami
Comprehensive Plan.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof
PASSED AND ADOPTED this 6th day of April 12010
ATTEST:
CITY CLERK
APPRJO/ VED:
1" Reading: 3 / 2 /10
2nd Reading 4/6/10
Ord. No. 09 -10 -2034 4
READ AN �PPROVED AS TO FORM: COMMISSION VOTE: -4 -1
AND SCIENCY:
Mayor Stoddard: Yea
Wj Vice Mayor Newman: Yea
Commissioner: Palmer: Nay
CITYATTORNEY Commissioner: Beasley: Yea
Commissioner Harris: Yea
Attachment "A" Evaluation and Appraisal Report (EAR) Based Text Amendments
X: \Comm [tems\2010 \3 -2 -]0 \BAR Amend Rev 3.2 -10 Ord.doe
To: Honorable Chair & Date: May 25, 2010
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Rezoning NR to SR
Planning and Zoning 6800 -6842 SW 62 Ave.
Department.
PB -09 -031
Applicant: Southeastern Investment Company Corporation
Location: 6800, 6820, and 6842 SW 62nd Avenue
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
relating to a request to amend the official zoning map of the City of South Miami Land
Development Code by changing the zoning use district from "NR" Neighborhood Retail
Zoning Use District to "SR" Specialty Retail Zoning Use District for property located at
6800, 6820, and 6842 SW 62 Avenue; the purpose of the zone change is to allow
construction of a four story mixed use office building; providing for severability; providing
for ordinances in conflict; and providing an effective date.
BACKGROUND
The applicant, Southeastern Investment Company Corporation has submitted application P13-09-
031 requesting a change from the NR to SR zoning use district in order to construct a four story
mixed use office building on a vacant site consisting of six lots located at 6800 - 6842 SW 62nd
Avenue. The application was submitted to the Planning and Zoning Department on December
14, 2009 along with a proposed site plan for the new building.
The Land Development Code (Section 20- 5.4(A) allows the Planning and Zoning Director to
declare an application as incomplete due to deficiencies in the submission or site plan. The
Department required the applicant to amend the building site plan on four different occasions
due to errors in the design of the building, setbacks, number of parking spaces and maneuvering
lanes. The last submission on April 22, 2010 was accepted by the Planning and Zoning Director
although there are remaining building design errors which are described later in this report.
This report will provide background information on: the proposed site; a site plan analysis; the
legislative history of the Comprehensive Plan Future Land Use Map category for the site (1989 -
2007); the new Future Land Use Map category which will be applicable to this site (2009- 2010);
the impact of new Land Development Code regulations on height of buildings abutting single
family residential (2010); and observations and recommendations of staff on the proposed re-
zoning.
LDC Map Change
6800 SW 62 Ave.
May 25, 2010
Page 2 of 6
(A) SITE ANALYIS
Parcels
Comprehensive Plan
Land Development Code
Actual Use
Existing Land Use
Existing Zoning District
North
N
Category
Mixed -Use Commercial/
NR
One story office /industrial
Residential
building
East
Multiple- Family Residential
RM -18
Multi- Family two story
residential project
South
Mixed -Use Commercial/
LO
Vacant land
Residential
West
Single - Family Residential
RS -3
Single family homes
The west side of SW 62 Avenue which is considered "the Corridor" consists of 21 lots and has a
total land area of 4.57 acres (199,000 square feet). A total of 2.71 acres (118,000 square feet)
remain vacant.
There are six existing buildings with a total built floor area of 42,394 square feet. The existing
floor area ratios for the existing buildings range from 0.211 to 0.821 with an overall average of
0.524. The existing uses include a professional office building, a community newspaper
publishing building, a personal skills instruction studio, a food store and a real estate agency.
fB) SITE PLAN ANALYSIS
(1) The applicant is proposing a four story mixed use(office /retail) structure to be built on a site
consisting of 33,468 square feet or 0.76 of an acre. The vacant site consists of three platted lots.
The current zoning on the site "NR" Neighborhood Retail, allows for a very limited number of
neighborhood oriented service and retail uses. There is a maximum height limit of two stories
and the floor - area -ratio (FAR) is limited to 0.25 density.
(2) In order to construct a building which maximizes development potential of this site the
applicant is requesting a re- zoning to the "SR' Specialty Retail zoning district. The SR district
currently covers the City's downtown area which also has the Hometown District Overlay Lone.
The SR zoning district does allow for the highest development potential in the City. It permits a
1.6 floor - area - ratio, 24 residential units per acre, and a four story maximum building height. The
front and rear setbacks are a minimal 10 feet. The selected SR zoning district allows the same
maximum development potential set forth for properties located in the Comprehensive Plan's
"Mixed Use Commercial /Residential (Four Story)" future land use map category. The creation of
that future land use map category and its application to the SW 62 Avenue Corridor is discussed
in Section (C) -(3) of this report.
(3) The applicant's mixed use building will contain 6,389 square feet of retail space at the
ground floor facing SW 62 Avenue. A total of 28,361 square feet of office space will be located
on the third and fourth floors. Based upon a building total of 34,750 square feet, the floor -area-
ratio will be 1.04 which is below the maximum permitted. The building will have 135 required
LDC Map Change
6800 SW 62 Ave.
May 25, 2010
Page 3 of 6
parking spaces located at ground level, on the street and on three floors and in the basement
level
(4) The applicant's initial application and associated site plan was submitted in December 2009.
The staff review determined a significant number of design deficiencies and miscalculations
making the submission incompatible with the standards of the SR zoning district. The Planning
and Zoning Department advised the applicant that the submitted application was not complete
and could not be accepted and processed. The applicant was allowed to re- submit a revised
application and site plan with the corrections, pointed out by staff. The re- submittal of the
application and revised site plan and the rejection by staff reoccurred three additional times. The
Planning and Zoning Director on April 22, 2010 did accept the application for processing and it
was pointed out that continuing design deficiencies will require the applicant to obtain variances.
The site plans dated April 22, 2010 which are part of this report still contain errors in setbacks,
parking spaces located in setback areas, maneuvering traffic lanes in parking areas below
minimum width, sub - standard size of required parking spaces in several locations, and
landscaping in certain parking areas below required standards. All of the deficiencies will require
resolution prior to additional reviews by the City.
Cl COMPREHENSIVE PLAN FUTURE LAND USE MAP CATEGORY (1989 — 2007
(1) 1989- The subject properties are considered part of the SW 62 Avenue Corridor Study Area.
The City's first Future Land Use Map (FLUM) designated the entire corridor on the west side of
SW 62 Avenue as "Neighborhood Retail" with a maximum height limit of two stories.
(2) 1994- The "Hometown Plan, Area 2" was adopted by the City as a guideline for development
in the areas west of U.S. I. It included the west side of SW 62 Avenue from SW 64 Street south
to Sunset Drive. It recommended a narrowing of the street, widened sidewalks, new landscaping,
and "Main Street" type buildings on the vacant land on the west side of the street. This can be
interpreted that the City wanted to create a "mini- downtown" in this corridor.
(3) 1997- The Evaluation and Appraisal Report (EAR) Amendments submitted to DCA and
approved by the City implemented the 1994 recommendations by changing the Future Land Use
Map category for the SW 62 Avenue Corridor from "Neighborhood Retail (Two Story)" to a
new category entitled "Mixed -Use Commercial /Residential (Four Story) ", also created in 1997.
The new land use category was applied to the SW 62 Ave. area, Madison Square, and the
downtown (aka Hometown District). It requires mixed use, allows up to 24 residential units per
acre, up to four (4) stories in height, and up to a maximum 1.6 Floor- Area- Ratio. The underlying
zoning district of "NR" Neighborhood Retail, however, has limitations on development that are
below the maximums allowed by the Future Land Use Map Category, This zoning use district
was never removed or replaced. It was the City's decision not to proceed with any change to
allow the maximum densities and height permitted by the "Mixed -Use Commercial/Residential
(Four Story)" land use map category. It is important to note that during the intervening 13 years
only one property owner sought to change the underlying zoning (application later withdrawn).
LDC Map Change
6800 SW 62 Ave.
May 25, 2010
Page 4 of 6
(4) 2003- The City conducted a "Charrette" planning exercise for the S.W. 62nd Avenue
Corridor. The exercise was guided by a team of experts from the University of Miami, whic d
issued a very detailed report. The basic recommendation of the Final Report was that S.W. 62
Avenue Corridor should be revitalized. The report recommended that the subject area become a
mixed use area with buildings of two to three stories. After additional meetings and a workshop
there were no decisions made on the development issues for the SW 62 Avenue Corridor.
(5) 2006 - The adopted 2006 Evaluation and Appraisal Report sets forth a specific direction for
the future land use category for the SW 62 Ave. Corridor as follows:
"Change mixed use commercial /residential to a category that allows for
current or existing uses plus mixed -use commercial /residential, offices, or
townhomes (limited to two stories) "
The City Commission action on the SW 62 Avenue Corridor occurred on January 5, 2006 at
which meeting the EAR report was adopted. The EAR Report with the recommendation for the
SW 62 Avenue Corridor was found sufficient by the Florida Department of Community Affairs
on May 19, 2006. The City of South Miami was directed to prepare the actual text amendments
to the Comprehensive Plan which would implement all of the recommendations in the approved
EAR Document.
(6) 2007 — The EAR Based Text Amendment Document was approved by ordinance on first
reading by the City Commission on August 7, 2007 and submitted to the Florida Department of
Community Affairs (DCA). The DCA found the document acceptable with one minor technical
date change. That document did not contain a proposed future land use map category which
could be used over the SW 62 Avenue Corridor. It was decided that the future land use map
category for use in the SW 62 Avenue Corridor would be prepared and submitted as part of
second phase of amendments required by the 2006 EAR Report.
(1) 2009 — The City Commission determined that it was high priority to include in the final EAR
Based Text Amendment Document a new future land use map category which could be used in
the SW 62 Avenue Corridor and possibly other areas of the City. In that the City had not taken
final action on the amendment document, the City Commission at its October 20, 2009 meeting
adopted Ordinance 24 -09 -2016 which amended its own EAR Based Text Amendment
Document. The amendment based upon the recommendations set out in the 2006 EAR (see No.5
above) simply added a new future land use map category entitled " Residential/ Limited
Commercial District (Two story) ", which could be used on the SW 62 Avenue Corridor and
other similar areas in the City.
(2) It is important to note that the City's creation of the new future land use map category for the SW
62 Avenue Corridor was a needed adjustment based upon the current development trends in the
area and current economic considerations. There has been very little new construction in the SW
62 Avenue corridor area for over a decade. The 1990's concept of creating "main" street type
LDC Map Change
6800 SW 62 Ave.
May 25, 2010
Page 5 of 6
buildings or a mini - downtown for the SW 62 Avenue Corridor is no longer appropriate at this
time. This area must be thought of as a transition area because of its immediate adjacency to
single family homes abutting to the west.
(3) 2010 — The City Commission at its April 6, 2010 meeting adopted Ordinance No. 09 -10 -2034
approving the final EAR Based Text Amendment Document, which contains the additional
future land use map category entitled " Residential/ Limited Commercial District (Two story) ".
This ordinance contains the wording of the Future Land Use Map Category on pp. 2 -3. This
document is expected to be found sufficient by the Florida Department of Community Affairs in
the first week of June.
NEW LDC REGULATIONS ON HEIGHT OF BUILDINGS
(1) 2010 - The City Commission at its February 2, 2010 meeting adopted Ordinance No. 04 -10 -2029
establishing a city wide policy on height of buildings which abut single family residential zoning
districts. It mandated that notwithstanding the dimensional requirements of any zoning district
the height of any building abutting single family zoning is limited to two stories in height. The
ordinance did provide that additional height may be granted by the City Commission via a
special use public hearing process. This new regulation is applicable to subject site on SW 62
Avenue because it abuts single family zoning and the re- zoning application made to the City
beginning in December, 2009 was determined unacceptable and incomplete by the Planning and
Zoning Director due to deficiencies in the submission and site plan. The application was
accepted by the Planning and Zoning Director on April 22, 2010, which was significantly after
the effective date of the two story ordinance.
(2) The subject ordinance does provide that properties already built upon and properties in a Planned
Unit Development (PUD) zone are exempt from the mandatory two story height limitation.
The applicant's property does not fall under either category.
(F) STAFF OBSERVATIONS
(1) The applicant's site plan submitted as part of the re- zoning application continues to be
deficient and in violation of several standards applicable in the SR zoning district as well other
sections of the LDC. The project will require the granting of several variances if the new zoning
is granted.
(2) The proposed building height of four stories is out -of scale and incompatible with the one and
two story building height of abutting properties to the west, north, and east. The proposed height
is also in conflict with Section 20 -3.5 (D) of the LDC, which is the two story height limitation
regulation. The applicant's proposed preliminary site plan should have been amended to show a
two story building after the adoption of the new regulations.
(3) The proposed building will not be compatible with the City's official declared development
policy for the SW 62 Avenue Corridor.. This policy is expressed in the Future Land Use Map
LDC Map Change
6800 SW 62 Ave.
May 25, 2010
Page 6 of 6
category entitled "Residential/ Limited Commercial District (Two Stories) ", recently adopted
into the Comprehensive Plan as part of the EAR Based Text Amendments. The City of South
Miami will be initiating a future land use map change to remove the current land use category of
Mixed Use Commercial /Residential (Four Story) over the SW 62 Avenue Corridor. The City
intends to install the "Residential/ Limited Commercial District (Two Stories)" future land use
map category and a new zoning use district which will contain the development standards and
limitations set forth in the land use map category. The overall reduced density and lower height
limit of this category and the associated new zoning district will snake a building like the one
proposed by the applicant immediately non- conforming.
RECOMMENDATION
It is recommended that the proposed change of use from NR, Neighborhood Retail to SR,
Specialty Retail Zoning Use District for 6800 -6842 SW 62 Avenue be denied for the reasons set
forth above in staff observations.
Attachments:
Application
Location map
Letter of Intent
Justification Letter
Ordinance 24 -09 -2016
Ordinance No. 09 -10 -2034
Ordinance No. 04 -10 -2029
Staff Review Notes (4- 29 -10)
Copies of Public Notices .
Survey (6 -1 -01)
Site Plan
TJV /SAY
X: \PB \PB Agendas Staff Reports\2010 Agendas Staff Reports \5- 25- 10 \PB -09 -031 Rezoning 6800 Sw 62 Ave.Nr to SR.doc
ORDINANCE NO. 24 -09 -2016
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
LAND USE MAP CATEGORY FOR THE SW 62°d AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE
RECOMMENDATIONS CONTAINED IN THE 2006 SOUTH MIAMI EAR
REPORT AND WOULD BE APPLICABLE ONLY TO THE SW 62" AVENUE
CORRIDOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
periodically assess the success or failure of the adopted plan to adequately address
changing conditions and state policies and rules; and
WHEREAS, Section 16 3.3191, Florida Statutes, directs local governments to
adopt needed amendments to ensure that the plan provides appropriate policy guidance .
for growth and development; and
WHEREAS, the City completed its proposed'Evaluation and Appraisal Report
Based Textural Amendments consistent with the requirements of Chapter 163, Part 11,
F.S., and Rule 9J -5 and 9J -11, F.A.C.; and
WHEREAS, the City Commission at a special meeting on August 23, 2007
reviewed and revised the final Evaluation and Appraisal Report Based Text amendments
to the Comprehensive Plan, and adopted on first reading an ordinance approving the
Report and authorized its transmittal to the Florida Department of Community Affairs for
review and comment; and ,
WHEREAS, the Florida Department of Community Affairs in a communication
dated January 18, 2008 transmitted an Objections, Recommendations, and Comments
(ORC) Report which report found that the EAR Comprehensive Plan amendments to be
consistent with Rule 9J -5, Florida Administrative Code and Chapter 163, Part II, Florida
Statutes; and
WHEREAS, the City of South Miami was required by Florida State Statute
Section 163.3191 to adopt by ordinance the final Evaluation and Appraisal Report Based
Text Amendments by May 18, 2008; and
Page I of 3
Ord. no. 24 -09 -2016
WHEREAS, the City Commission to date has not adopted the Evaluation and
Appraisal Report Based Text Amendments; and
WHEREAS, in order to expedite development activity it is proposed that a
revision to the Evaluation and Appraisal Report Based Text Amendments be made to
include a Future Land Use Map Category specifically for the SW 62 Avenue Corridor;
and
WHEREAS, the revised Future Land Use Map category for the SW 62 Avenue
Corridor entitled "Residential/Limited Commercial District (Two Story)" incorporates
the same recommendations and standards for this area as set forth in the City's
Evaluation and Appraisal Report (p.12, Sub -Area 1) which was adopted by the City
Commission on January 5, 2006; and
WHEREAS, the Local Planning Agency (Planning Board) at its meeting on
September 29, 2009 after public hearing, adopted a motion by a vote of 5 ayes and 0
nays recommending that the Future Land Use Map category entitled "Residential /Limited
Commercial District (Two Story)" should be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency (Planning Board) and enact the aforesaid amendment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves a Future Land Use Map
category entitled " "Residential /Limited Commercial District (Two Story) "" as set forth
below to be incorporated into the City of South Miami Comprehensive Plan Evaluation
and Appraisal Report (EAR) Based Text Amendments Document approved on first
reading on August 23, 2007.
Section 2. The City of South Miami Comprehensive Plan Evaluation and
Appraisal Report (EAR) Based Text Amendments Document approved on first reading
on August 23, 2007 is hereby amended to incorporate on p.17 the following:
"Residential /Limited Commercial District (Two ,Story)
The Residentlaffimited Commercial District (Two Story) future land use map category_
all new construction shall be two stories Residential development shall be limited to
townhouse development at a maximum of 6 units per acre. Commercial development
shall be limited to a maximum floor- area -ratio of 0.80 and shall include only those
Page 2 of 3
Ord. No. 24 -09 -2016
for a mandatory no- construction buffer / landscape area and a required wall or fte e
at the rear of all properties facing or abutfing single family residential
Mixed use development is encouraged. Existing buildings and uses which are not
consistent with the standards for this land use category or with standards for the
zoning use district applied to this area may continue to exist and function but shall be
subject to the non - conforming regulations set forth in Land Development Code Section .
20 -4.8.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed..
Section 4. If any section clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competentiurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance,
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this 20th day of Petober, 2009
ATTEST: APPROVED:
6�2�
CITY CLERK. MAYOR
15t Reading: 10106109
2 °d Reading: 10 /20/09
READ APPROVED TO FOR1M:
CITY ATTORNEY
XAComm IIemSMM10.6.09TAR Add New SW 62 Ave FLUM Ord.doe
Page 3 of 3
COMMISSION VOTE: 3 -2
Mayor Feliu:
Nay
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Nay
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
ORDINANCE NO. 04-10-2029
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE
SECTION 20 -3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER
TO LIMIT TO TWO STORIES THE HEIGHT OF gFOR SEVERABILTY
SSINGLE FAMILY RESLOENTTAL;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The Land Development Code and the Official City Zoning Map sets
forth citywide zoning use districts and dimensional standards including setbacks, density
and height of buildings for each district; and
WHEREAS, in some locations zoning use districts which abut single family zones
allow for building heights higher than the height of single family homes which potentially
creates conflict and incompatibility; and
WHEREAS, the City Commission at its December 8,
2009 meeting adopted
Resolution No. 213 -09 -13022 introduced by the Vice Mayor, requesting the Planning
Board and the Planning and Zoning Department to initiate and recommend upon necessary
legislation to amend the Land Development Code in order to limit to two stories the height
of buildings abutting single family residential Zones notwithstanding the provisions of the
zoning use district in which the building is located; and
WHEREAS, a citywide inventory determined that there are a total of seven specific
properties located in zoning districts which permit, as of right, buildings to be up to 4 or
more stories in height and also abut single family zoning districts; and
WHEREAS, a proposed amendment to the Land Development Cowould basis that f
to the concern about height by regulating on an individual property by property existing
the height of any new building construct
would exceed daw °ostoneslapproval muusdtibe
which abuts a single - family zoning
obtained via the special use permit process as set forth in Section 20 -5.8; and
WHEREAS, The Planning Board e of 5sayDes 0 nays recommending adopt adoption hearing, approved a motion by y
proposed amendment requiring special use approval for any new building construction or
vertical addition to an existing building which abuts a single - family zoning district and
exceeds two stories notwithstanding the provisions of the zoning use district in which the
building is located; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE COMMISSION OF THE CITY OF OUTH MIAMI, FLORID MAYOR AND THE CITY
S
follows:
Ord. No. 04 -10 -2029
" Section 20 -3.5 Dimensional requirements.
(A) Residential Districts. In residential districts, the maximum density,
minimum lot area and frontage, minimum yard setbacks, maximum coverage and
maximum building heights for the permitted uses in each district shall be determined from
the Dimensional Requirements Table for either single - family (Section 20 -3.5E) or multi-
family districts (Section 20- 3.517).
(B) Nonresidential Districts. In nonresidential districts, the minimum lot area
and frontage, minimum yard setbacks, maximum floor area, maximum coverage and
maximum building heights for permitted uses in each district shall be determined from the
Dimensional Requirements Table for nonresidential districts (Section 20- 3.5G).
(C) Dimensional Requirement Tables.
(1) The use of land and the erection of buildings and other structures on land
shall be subject to the dimensional requirements of the applicable zoning
district, as reflected on the three tables labeled "Dimensional
Requirements, Single- Family.Districts" (Section 20- 3.5E), "Dimensional
Requirements, Multi- family Districts" (Section 20 -3.5F) and
"Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G).
(2) There shall be no variation or . deviation from such dimensional
requirements except where expressly allowed by this Code, and as set
forth below in (D) .
(3) Minimum and maximum dimensional requirements for permitted uses
within a PR or PI use district shall be the same as those listed in the
following tables for uses within the most restrictive use district located
adjacent to the subject PR or PI property.
(D) Rlo�. Properties Abutting Single-Farally Zoning Districts.
01 Notwithstanding the dimensional requirements of the zoning use
district in which a property is located if that property is abutting
(common border or separated by a right-of-way) to a single - family zoning
district the maximum height of any new building or any vertical
addition to an existing building on that property is limited to two
stories however, additional height may be obtained via the special use
permit process as set forth in Section 20 -5.$."
,(2) Properties or projects constructed under a city approved Planned Unit
Development Site Plan or proiects subject to Development Agreements
during the period that the Agreement is in effect, shall not be subject to
the provisions of this section. In no case shall a project be rebuilt which
exceeds the height setback or density that was set forth in the
Development Agreement or applicable Planned Unit Development Site
Plan."
Ord. No. 04 -10 -2029
provisions of this section and allowed to be rebuilt to the same heisht
if they are destroyed by an act of God or other natural disaster.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2nd' day of February, 2010
ATTEST:
TY CLE C
I" Reading — 1/14/10
2nd Reading — 2/2/10
►l 3,
'an~
CITY ATTORNEY
APPROVED:
AS TO FORM:
X: \Comm Items�2010\2- 2- 10V.DC Amend Two Story Reg Revised Ord.doc
COMMISSION VOTE:
4 -1
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Nay
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
BOUNDARY SURVEY
PROPERTY ADDRESS: 6800 - 6820 - 6842 SW. 62nd AVENUE, SOUT-1 MIAMI, FLORIDA 33143
LEGAL DESCRIPTION
LOTS 1 AND 2, IN SLOCR J. OF 4OCOPLU4 TERRACE. ACCORDWO TO T{E PUT THEREOF AS
RECORDED W PUT ROCK M AT PACE 4, CF THE PUSUC RECORDS OF MIAMI -DADE CW4W
FLORIDA', LESS AND ECEPT ME EAST ID.M FEET W SAID WTS 1 AND i; ANO USE AND
EXCEPT
ALL THAT PART OF SAO TOT I NHICN USE EIMW THE EXTERNAL AREA FORMED CY A 35.M
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